>> predicting the world is coming to an end december 21. this is a friday. how much does that suck some some? huh? monday at least you get the weekend. work all day friday, then, you're dead on friday. >> that is your last call. thank you for being with us tonight. make sure you go gretawire.com and let us know what you thought about tonight's show. good night from washington, d.c.. gretawire.com. the o'reilly factor is on from washington. tonight. >> the fight against foreign control of our european people around the world can only succeed if we free ourselves first. in the zionist. >> god said that the white race is a race of devils i

didn't say this. i just believe it because of their actions. >> bill: hate speech in america we are naming names because we have had enough of this. >> i believe the nra is the new kkk. >> you are still calling it a holiday tree? not a christmas tree? >> that's correct. pluck building and i'm respectful of all the taxpayers that might not be christian. >> "newsweek" magazine says the good guys have finally won the war on christmas. that's not exactly true. the yes tonight why have some christian leaders silent when their faith is attacked. >> is that a joint mask looks like a quarter pounder. >> bill: now that marijuana is legal in washington and colorado, do you feel safer on the road? what about people who drug and drive in those states? >> am i driving okay? is it legal is investigating. >> caution, you are about to enter the no spin zone from

d.c. begins right now. hi i'm bill o'reilly reporting tonight from washington. thanks for joining us. hate speech in america. that's the subject of this evening's talking points memo. as we reported last night the factor is now going to out media people and others in the pluck arena who use hate speech. enough is enough. that includes anti-christian bigotry which is now rampant in parts of the secular media. we are going to name names and challenge people who are using hateful discourse in this country. we have got to be careful here because we do believe in freedom of speech robust debate as well as effective satire. let me give you an example. actor jamie foxx hosted "saturday night live" on nbc. fox did that to promote a new movie which he described to the audience in the movie i

have to wear chains how whack is that? don't be worried about that because i get out of chains, i got free and i save my wife and i kill all the might people in the movie. [cheers] >> how great is that? and how black is that? i'm going to tell you right now speaking of blackness, my president, president obama is back up in the white house four more years. [ applause ] how black is that? >> bill: now, some were upset by fox's monologue but not me. he is obviously being satirical. yes he goes into offensive area but that's what is satiriss do. i do not see anything hatedful in foxx's monetary i do not believe jamie foxx wants white people dead. he has latitude because his ancestors were slaves he can speak to that and given more room than someone who does not share that experience. hate speech is very specific. it's dine to marginalize and

opponent. business rival or someone else the hater doesn't like. hate speech is a cheap way to retreat. when you think about it labeling someone a bigot, racist, homophobe, whatever is a form of violence. you want on lookers to join you in harming the person you are defaming. that's why we are on this campaign. we will let you know exactly hot offenders are in very vivid terms. and that's the memo. now for the top story tonight. what about this jamie foxx business? joining us from new york our barack and hard place duo monica crowley and alan colmes. what say but mr. foxx. >> i saw mr. foxx's entire s and l routine, bill, i thought most of it was very funny. i got a couple real hardy laughs out of it the only thing i found offensive and crossing the line was his line that you played there how he gets to kill white people in the movie. two people about this number

one the audience cheered that as if that's a good thing. >> bill: white people cheering too on suicide reaction. >> anybody cheering that i get to kill all the white people and isn't that great yes that's great. other part too if you were to reverse this, bill, let's say this were a white actor who was telling a national television audience that hey in my new movie i get to kill all of the black people as part of promoting the new film, there would be outrage. >> bill: that goes to what i said about the slavery and the experience that not only native americans and have had. they get a little more latitude there. >> it does point to a double standard, bill. >> bill: it's double standard but historical context. >> also comedian how bill

maher and other comedians on the left get away with saying. >> bill: he doesn't have the right to do that how do you see it, colmes, were you offended as monica was killing white people. >> i was not at all applauded. >> were you applauding killing white people. >> no. i applewhite though. see the whole promise if you backed that up tape attle will bit you would see how black is that? he went through a series of things and how black is that. if a white comedian how white is that equally funny. >> bill: no, no, no, no. colmes. the redneck thing that foxworthy does is as close as can you come to that foxworthy can't go hey, if you do a violent act against a black person that makes you -- couldn't do it. >> kind of funny, making fun

of racial stereotypes and whites could do the same thing. i don't see it as different and i thought it was very funny. >> bill: monica, how about this vial whitlock in kansas after juan williams appeared last night he made another derogatory remark about juan this guy makes a living off this. is he getting paid for spouting this. that's kind of disturbing, is it not. >> yeah. i'm not one who believes in the word police, okay? i hate going after anybody for saying this or this. i'm a strong believer in the first amendment and freedom of speech. that being said though, bill, i think you are right saying there are lines here when you target something specifically and call them racist where there was no racial intent. that makes you the racist. if you were injecting race where it doesn't belong where clearly it wasn't intended by the person you are accusing of that then you end up looking like the racist. you are the racist. so in mr. whitlock's case he

has injected race to attack you, to attack juan williams to attack anybody who might oppose his point of view. look,i get this all the time. same sure you too. people who oppose say president obama or his policies suddenly you are labeled a racist to. me that demeans real racism which does still exist we're going to spotlight. do you believe that that colmes? >>s a matter of fact i do. i think the idea that i have been accused. this is not just a left thing or right thing. i have been accused of being a racist when i tonighted out racism in other people. buy bill give me an example who accused you and how did that come about. >> when glenn beck said that obama was a racist. i thought that was ridiculous thing when he owe accused obama of that i'm the racist for even bringing it up. whitlock. >> bill: by whom though? who called you a race snis. >> callers into radio show.

conservatives. >> you have got to have -- i don't believe in this country that anybody in the media is going to call you a racist. it happens to me all the time. >> that's wrong. when whitlock compared the nra to the kkk he was wrong. he stepped over the library when he did that. >> we are now monica going to make this a centerpiece of 2013 on the factor. and we're going to call people out will town size is i give these weasels publicity but i have to do it? >> when this kind of stuff goes on i think do you have a responsibility bill given your platform to call people out and reign it in as a society. i'm not for the word police but when it does cross the line. >> we have to do it. no one else is going to do it? >> you have to. >> bill: i have to. monica, colmes, thank you.

next on the run down, chaos breaking out in michigan. big fight over union labor. president obama on one side. governor of michigan on the other. we will talk with the governor. and later charles krauthammer on how much tax american millionaires should pay to the government. we're coming right back. [ metal rattling ] ♪ hello? boo! i am the ghost of meals past. when you don't use new pam, this is what you get. residue? i prefer food-based phantasm, food-tasm. poultry-geist works too if you used chicken. [ laughs ] resi-doodle-doo. [ female announcer ] bargain brand cooking spray can leave annoying residue. but new pam leaves up to 99% less residue. new pam helps you keep it off.

now here he is. >> bill: bill -- big trouble in michigan. give employees the option not to join a union. president obama doesn't like that at all. >> what we shouldn't be doing is your rights to bargain for better wages. we shouldn't do that. these so-called right-to-work laws they don't have anything to do with economics, they have everything to do with politics. [cheers] >> what they are really talking about is giving you the right to work for less

money. >> bill: but governor rick snyder says he will sign the right-to-work measure tomorrow. he joins us now from lansing, the state capitol. so what do you say to the president, governor, who says this you are basically trying to bring down wages for working people in michigan? >> that's not true at all. if you look at he made the comment about bargaining for wangs. about bringing down wages. this legislation is about freedom to choose for workers, bill. this isn't about the relationship between employers and unions at all. this is not about collective bargaining at all. this is not about other basics, about organizing at all. this is about the relationship between unions and workers. >> if enough workers opt out of the unions the union's bargaining power goes down it's weaker. that's what mr. obama is trying to it say. why is to the state's advantage very specifically. why is it to the state's advantage to have a right-to-work law to give workers the option of going

into a union or not? >> well, they both go together. if you step back at your comment it is important to recognize that unions could be weaker but why would they be weaker? it's because they are not showing value to the workers. this is very much about two there are two reasons to do this. the first one is to be pro-worker. this is about freedom to choose. workers should have the option if they are seeing value, they should be excited to join a union and they should join. if they see no value why should they put financial resources to do something that has no value to them. that's a big part of it. standing up for workers. the second piece and to your point specifically, it's about more and better jobs for michigan. just look at indiana that did this in february that they have literally gotten companies coming to their state that wouldn't come before. that are bringing thousands of jobs. we have had that same phenomenon in michigan. companies wld not come to michigan because we are not a right-to-work state. we will sibert jobs in michigan which will help all workers. >> the initial stats in indiana say that the salaries for the workers there have

come down. an average of a couple thousands of dollars. you are the 24th state to have it do you believe that salaries are going to come down in michigan? >> well, let me put it in perspective for you. we didn't have right to work in michigan and in the last decade from 2000 to 2010 wages in michigan went down substantially. we went from being in the teens of the 50 states to being 40th. so we saw a significant drop not being a right-to-work state. the last couple years we started coming back up, i view this as an opportunity for more people to have work and to have better jobs. just this last week we are ranked number three for high tech job growth in the entire country. and if you look at most of those jobs aren't going to be unionized and they are going to be good paying jobs. this is all about more and better jobs and good paying jobs. it's going to work in michigan. >> bill: i have got to ask you about detroit which is a city on the verge of collapse. we think mayor dave bing is a good guy.

maybe i'm wrong. i don't follow it that closely. detroit has no money. can't pay its bills. who is going to bail out detroit or is the whole structure going to collapse. >> there is not going to be a bailout of detroit in terms of state resources. as a practical matter what the real issue is is the mayor and the city council need to get on the same page. the mayor has been working hard they haven't been on the same page about resolving issues. they have had months to do it. things haven't gotten done. 30 day review of the finances in detroit lead to other actions taking place after the first of year. >> bill: you have to take them over. look, this has been going on forever. that city is corrupt. it's out of control. can't pay its debts. i don't think the feds are going to come in and rescue it. i mean, maybe they will like new orleans. maybe they will move in federal auditors and run the city. i mean, but you can't keep going on and can't pay their bills anymore. garbage collection ain't going to happen. nothing is going to happen there. >> running out of time and things will get resolved one

way or the other in the sense that we need to get better services to citizens. financial stability in the city and grow the city of detroit. there are some good things going on outside of the city government that let's get the financial stability and we are trying to be a good partner. goggle is not to run the city. moving forward to push this question to get results in detroit. >> bill: all right. governor. thanks very much. we appreciate it many christian leaders will not stand up for faith publicly. why not? we will discuss it john stossel has a program this week called science vs. god. can they coexist. we will talk with stossel upcoming. i always wait until the last minute. can i still ship a gift in time r christmas? yeah, sure you can. great. where's your gift? uh... whew. [ male announcer ] break from the holiday stress. ship fedex express by december 22nd for christmas delivery. then i read an article about a study that looked

at the long term health benefits of taking multivitamins. they used centrum silver for the study... so i guess my wife was right. [ male announcer ] centrum. always your most complete. to come home for the holidays. that's double miles you can actually use... sadly, their brother's white christmas just got "blacked out." [ brother ] but it's the family party! really jingles your bells, doesn't it? my gift to you! the capital one venture card! for any flight, any time! that's double miles you can actually use! how illuminating. what's in your wallet? let me guess, am on the naughty list again? ho ho ho!

>> bill: factor follow up segment tonight as we mentioned "newsweek" magazine says the war on christmas is over and we have won. we, of course, are the good guys. "newsweek" didn't say that but, you know that. there are very few retail stores where this is a fox news alert. there has been a shooting in portland, oregon. first of all, i want to make it very clear there are thoughts and prayers go out to victims and their families and how much that means to us just we're thinking of them right now. i want to make it real clear this situation is over. right now, we're moving into the investigation phase. the mall going to be closed tomorrow. and as you can imagine it's a

huge facility there. so i want to say is that for all of us, mall supposed to be a place to take families and feel comfortable this is a great place at the holiday season like this. and these things aren't supposed to happen. you know? and we train for them. we train and hope they never do happen. and unfortunately tonight we did have an active shooter situation. an individual came in there, took lives two of people. we have a young lady at the hospital fighting for her life right now. and i want to say that i'm really proud of all of the different agency that's came together to really step up and put their lives to go on the line to go out there to do what they can as quickly as they could. we had people at the mall within minutes. and teams westbound deployed

responding quickly to find this guy in the mall. they did it and that was in record time. we've just had a four faction that's responded. they were deployed throughout the facility, continue to search out to make sure that we're trying to find this individual and make sure there weren't any other individuals. we did that. the one thing i want to say how complicated this is. it's 1.4 million square feet of property that we had to search out there within the building. there is about 10,000 people at the mall. so there is a huge amount of people running in a different direction. waits chaos for a lot of citizens. i want to raise we have true heroes stepping up in this time of high stress for people

there. we had e.r.nurses on the scene providing care to folks injured. there was a physician there also helping provide care to the wounded and my thanks to those who stepped up to help people get out of the mall. there were a tremendous amount people that came together to help get as many people out of there as we could. as you can imagine, having over 10,000 people in this mall at the holiday season, having this happen, it's was a tragic incident for a lot of people. that is one of the things we worked out as we got a lot of people out of there and got law enforcement to respond. so with that, i want to make sure that i turn it over to sargeant fill yipz and have him answer questions.

>> as the sheriff said this is a huge facility we're dealing with. 1.4 million square feet. 100 larmt officers from around the region are assisting us currently. the atf is assisting us. the fbi is assisting us. all local police agencies. we thank them for their assistance now. we're going to be relying on them in the near future as well. the family members for witnesses who want to contact us, please call us. if you saw something or know something about this, we want to hear from you. there is a lot of speculation going on about what happened and what circumstances were. the active shooter situation, intense situations like this get perceived many ways. you get 10 people who saw the

incident going to give you 10 versions of it. we as law enforcement officers our job is to collect the information and make it into a cohe'sive idea of what actually occurred, not report based on speculation. we have tentatively identified the shooter at this time. we'll not release his name or any other information other than he is an adult mail until we've confirm that had identity 100%. the investigation will go on throughout the night well. have a command post set up over there. if you're a witness and feel capable of coming back to the light rail platform to be interviewed and you have not been interviewed yet, come directly there. if you don't feel up to it tonight call us on the number we've listed. the sheriff said and i'll reiterate, the mall will be closed tomorrow, you can go to their web site for current

information if you're an employee or a store manager, go there. they'll be contacting you directly. if you're a citizen who left stuff behind at the mall there are reports of strollers, purses, bags, jackets car keys wallets personal prescriptions left behind in the mall. your safe is secure. where it is tonight. a process will be set up between sheriff's office and the clackamas county center on how to get it back to you. it will be a delay. will not happen tonight. it might not tomorrow. it's the lower end of -- what is important in this investigation. there is two confirmed deceased. this was m an open area of the mall there. is a third person injured and receiving treatment right now. we have the shooter who died

as an parent self inflicted gunshot wound. doi not have information to share with you about what type of weapon it was. i don't know how many shots were fired there is a lot of speculation around it. but we're going to report on what we actually know, not speculation. with that i open up to questions. >> is there personal statements from people on scene the shooter may have retired from a job at the mall possibly. do you know if he has a connection to the mall or was this a random target? >> i do not know that information. boy just caution anyone in the public don't relie on speculation coming out. reply on information released. at this point in the investigation doi not have that information. >> is there a vehicle perhaps

the shooter was driving? do you have information about that? >> i don't at this time. >> i'm sorry i'm not following the question. >> you said you wanted to make sure everyone was safe and then said we did that. >> i'm not sure what the sheriff meant by when he said that. i can say that the one person that we believed to be shooting today is dead at this time. we do not know if there was accomplices or not. >> there is a lot of speculation out there. i don't have confirmed information for you. >> what about age or gender of the deceased?. >> i don't have the information available until we notify the family. we're still in the process of doing that. >> are there searches

happening tonight in other locations other than the mall? >> the investigation goes on there is a likelihood that is going to occur. i zront a if it is or not right now. >> public talking about what the shooter was wearing. is there a description of that? >> i don't have information about that investigation that i can release right now. >> once again there is a lot of speculation out there. some may come true. maybe not. until we have that information confirmed, and reliably sourced we're not going to be released it as confirmed information. >> as far as what type of weapon it is, at least one weapon was recovered. >> is there a handgun or a rifle? >> i cannot at this time. >> was the shooter dead when you first responded?. >> do know he is dead.

i know -- no law enforcement officer fired shots in this incident. >> do you know how long it took to clear out the mall, people remained hiding in closets or back of the stores or anything like that? >> my understanding is that they're still going through a final sweep of the place. 1.4 million square feet. we look in every closet. every room we can get into. so this is going to be an exhaustive search. >> have families been notified and been made aware? >> we're in the process of notifying them right now. and sometimes that can be difficult with and in a situation like this. i would want everybody in my family to know before my name was released to the media. >> how long did this victim

[ unintelligible ]. >> as specifics are confirmed by our detectives on the scene and it's appropriate to release them, i will right now, we don't have that information for the media. >> you identified the shooter at this point. is there a time line for a positive id on that? >> i don't have a time line now. i know there is an intense investigation. as soon as we're able to do that, we will. >> is there an indication of anyone else injured except for the person in the hospital. >> we have one person transported with injuries. if there were minor injuries beyond that, i'm not aware of them. i've been told it's a female that she's being treated for an injury. >> can you talk about the

health proceedings from inside of the mall. calls coming into dispatch does that help with your response today? >> anything like that helpful to you? >> i think that we're getting information from a lot of sources. the way our officers and deputies and the troopers and law enforcement officers are trained is they actively search, look to engage in active shooter. in the situation they relie on any source of information that they can. whether radio dispatched people pointing in a certain direction or other information as it develops they're well trained and they -- hopefully, my understand sthag they did a great job on this circumstance.

>> i think we're in the process of making sure everybody... >> adam phillip was the clackamas county sheriff's office. fielding questions from local reporters there. so many questions remaining updating us on the deadly shooting taking place at the clackamas town center happening at 3:20 in the afternoon. 10,000 people at the mall at the time. three people, dead, including the shooter. as the sheriff himself said one young female is fighting for her life tonight this, is happening on what is supposed to be a festive day at the mall, 14 days before christmas. >> and we have more breaking news tonight. a u.s. official is now confirming that north korea has launched a missile. north korea claimed it was a rocket and satellite. one space expert is calling the launch a -- washington

contending the long range launches are a cover for development of a missile that could be used to target the united states. officials at the north american air space top command known as norad is telling us indications are that the first stage of the missle fell into the yellow heat. the second and added at no time was the missle or its debris a threat north america which is very, very crucial. this is a clean launch which launch that happened in april that broke apart shortly after takeoff. lots of breaking news happening here tonight on fox news channel. keep it here. we'll keep you posted on developing stories right now taking a break. after the rake, the o'reilly factor. this holiday, share everything.

share "not even close." share "you owe me..." share "just right." the share everything plan. sharable data across 10 devices with unlimited talk and text. get a droid razr m by motorola for $49.99.

of poverty land as well as north korea. >> thanks for staying with us. i'm bill o'reilly in the is it legal segment tonight. main now legal in colorado washington state and colorado. will drive under evident continuably under the influence of pot. in denver they haven't defined any drugging and pot laws that is incredible. joining us now from new york attorneys and fox news analysts lis wiehl. are you kidding me wiehl? you can get stoned in

colorado, rockie mountain my. get in your car, all right? zoom around and the cops pull you over, nothing happens to you. >> well, not exactly, yes, they legalize marijuana. they did not legalize driving stoned. the problem is they didn't pass a law. the legislature did not pass a law saying what driving stoned means. >> let me stop you. what do you mean not exactly. i described it exactly the way it is. there is no law on the books about driving under the influence of marijuana. >> if you are driving around swerving just like anything else and the cop has reasonable suspicion to pull you over and does a blood test right then and there and finds out that you are under the influence of either drugs and/or alcohol and drugs then you can be prosecuted. >> no you can't. wiehl, you can't be prosecuted. there is no law and a cop can't administer a blood test. no police officer can administer a blood test. and there is no baseline for washington. >> that's the problem.

>> no. that's not the problem. >> there isn't any sufficient democrat it that to say if you have five than grams like they already specified in washington then you can be prosecuted so the case charge. >> you want in colorado and they can't prosecute you because there is no baseline for prosecution. >> not quite. if you are swerving over othe side of the road and you are found to have pot. >> for reckless driving, wiehl. they can't get you for drugging and driving because it's legal to take the substance. >> not quite. it's just there is no baseline for what is legal or illegal. i got the law right in front of me. >> you are a harvard law graduate. if i take four tylenol and driving erratically they can't charge me for driving under the influence of alcohol. >> we're talking about drugs here. we're talking about marijuana. >> bill: it's legal. >> i know. >> bill: tylenol is a drug. >> the issue is whether or not you are driving impaired.

not about what it is you are driving that made you impaired. ambien. >> if they have to change the law they have to change the law. they are reconsidering it in january 1202013 where they will specify an amount. >> bill: right now willie nelson can get in his van as high as a cited and do anything he wants. >> in that state. >> can't be charged with drunk driving because there isn't any drunk -- drug driving law period. i want to throw up this video and remind everybody what happened in michigan. an investigative report by a local detroit station caught people drinking and drugging, potting all of that. on their lunch hour on the clock, all right. they are getting paid. they are all union workers. and what happened to them, guilfoyle? >> they were union members, united auto workers and when chrysler dismissed, terminated 13 of these people and suspended two other employees, ultimately they were reinstated. it took this amount of time. they said you know what? there was insufficient

evidence. >> insufficient evidence? we just saw them on television doing it you are absolutely right who made the decision? >> arbitrators. >> wait, wait, wait. if the president of chrysler doesn't want him back on the job. >> doesn't matter. >> collective bargaining and because of that the june appealed the fact that chrysler terminated these employees. they are entitled to as union employees to receive collective bargaining and have an arbitration they have reinstated it. >> who ordered it? >> the arbitrator in the state of michigan that was in charge of that area. >> the arbitrator ordered these guys back correct because they said there was insufficient evidence. there was no charges. this is suffice the fact that a reporter we spoke to mr. well check from fox 2 the news area there, he actually saw it, witnessed it, broke the story, smelled the pot, the whole thing, the moral of the story is call the cops when you walk in on union

workers with or any workers that are. >> otherwise you don't have case. >> i want to be perfectly clear and you are the person to do it for the whole audience watching tonight let me get this straight the union said is this the united auto workers union, i assume? >> yes. >> to the state arbiter or to the by appoint want, all right? there is no evidence that they were drinking and smoking pot on the job. is that the union told the state. >> not enough evidence. >> not enough evidence? >> ♪ exactly. because as kimberly said there was no police officer there to actually take them in. the arbitrator said don't forget now when you go into collective bargaining the arbitrator's word is it not mediation. whatever the arbitrator says. the arbitrator says there is not enough evidence. >> bill: on the state of michigan sided with the union saying there is not enough evidence they were doing it. >> right. you you can't make this up. >> this wasn't in colorado, wiehl it was in michigan. >> in michigan, let's keep it

straight. >> really the twilight zone. >> not enough evidence. >> car. >> they're back -- they got suspended. i'm sure they will will get back pay. >> wait a second. get back pay and with our stimulus money they are drinking and drugging on their lunch hour and going back and making cars that we are driving and putting our kids in. >> and who is smoking pot in colorado in those cars? it all ties in, ladies. thank you. krauthammer on deck. how much should millionaires pay in taxes? how much should we pay? charles up next. [ male announcer ] alka-seltzer plus presents the cold truth.

i have a cold, and i took nyquil, but i'm still "stubbed" up. [ male announcer ] truth is, nyquil doesn't unstuff your nose. what? [ male announcer ] it doesn't have a decongestant. no way. [ male announcer ] sorry. alka-seltzer plus fights your worst cold symptoms plus has a fast acting decongestant to relieve your stuffy nose. [ sighs ] thanks! [ male announcer ] you're welcome. that's the cold truth! [ male announcer ] alka-seltzer plus. ♪ oh what a relief it is! ♪ [ male announcer ] to learn more about the cold truth

hannity at 9:00 and i will keep you updated. >> back of the book segment tonight, president obama insists he will raise taxes on wealthy americans. but how much is fair?

here now fox news analyst charles krauthammer. let's break this down. fair is a subjective word. anybody is say that is fair. that's not fair. i would say most millionaires in america pay between 20 and 30% for the federal government using the deductions they have and the a the accounts count tants and swiftie and all of that that seems a little low. i think the whole question of what's a fair share is a liberal's question. taxation is not a moral issue. it's an issue of necessity. how much is needed to pay for the roads, the bridges, and to raise the armies? the idea that somehow you decide on what people pay on the basis of what you think is a fair amount that should be taken from them, look, in a real pure world, ideal world a fair share of taxation is zero. the founders when they instituted the republic had zero income tax. they taxed, excised customs. they exercised transactions.

they taxed transactions. if for two reasons. to achieve certain economic end like protectionism and secondly, to raise enough to raise a navy, et cetera. they never had a conception of a fair idea. tithing to the church is a fairness issue. that's where you give willingly, you give out of conviction and you give in a moral way. taxation is simply a question of how much are you spending, how are you going to get it? >> here is the other side. constitution obviously has it in there that the government, federal government has a right to beings that, all right? it doesn't define it any clearer than that. it just has a right to do it it? >> after 120 years. >> it's in there. the government has a right to tax and the liberal obama administration and both charles and i agree that it probably is the most liberal administration ever in the united states. they say, look, we are elected. the folks elected us and we

haven't hidden our agenda of elevating all americans to a certain lifestyle, a certain standard of living. in order to do that, we have to take from those who have and give to those below the standard of living that we want. and the folks said yes. that's their argument. >> look, i believe that when you look at the issue of taxation, when you ask as liberals do what's the fair share, the idea is that the government has a claim on your earnings, a moral claim, certain amount, maybe, who knows how much. and then it can dispense with it as it wants. now with a church it ties -- tithes, one tenth claim on your earnings that's what the is in the bible and it spends as it wishes. that's not how a government ought to work. a government ought to work from the other end. what do we need for roads and bridges, for raising an army and in a modern economy, a modern state a safety net for people who can't provide for themselves. i think you start from there.

and then you say okay, we need x amount. if you ask what's the fair share, then you are giving the government by right a certain amount of your earnings and it can spend the way it want it shouldn't. i would think about it in terms of what do you need? and then how do you allocate? >> i i would add something to that raises the taxes on the rich to 40% which they want only pays the bills for nine days. >> nine days. >> it's not that they need this to balance a budget they can't balance the budget the tway is, all right? the amount of power that the federal government is going to now obtain from the fax pair because they want 55% 'of everything you have, charles, when you die they are going to come in and take away 55% of what you have i should have died in 2010. >> george steinbrenner paid nothing. >> i was hoping last day of december.

>> that could have been arranged. no, we want charles around for as long as he possibly could happen. >> you know me. it's a power grab here. that's what it is. and americans don't understand what it is. >> look, if you raise the rates the way obama does 4.5% on the rich you get $80 billion a year. you have a 1.1 trillion-dollar deficit. that's 8 cents on the dollar. the other 92 cents that we're not getting is spending they won't cut. so you can do all the taxation, you could confiscate 100% of the wealth of the rich and just take everything like chavez would do. you still won't get anywhere. we have an explosion of spending. obama is spending about 24% of g.d.p. this is the highest since world war ii and world war ii we had a lot of tanks. artillery and post war average is 20%.

he has increased our spending and he won't cut it that's the problem. >> that would lessen the power that he wants to accumulate the at the level. >> i agree with you. >> charles krauthammer, everybody. factor tip of the day. it has to do with you and this city. washington, d.c. the tip 60 seconds away. copd makes it hard to breathe, but with advair, i'm breathing better. so now i can be in the scene. advair is clinically proven to help significantly improve lung function. unlike most copd medications, advair contains both an anti-inflammatory and a long-acting bronchodilator working together to help improve your lung function all day. advair won't replace fast-acting inhalers for sudden symptoms and should not be used more than twice a day. people with copd taking advair may have a higher chance of pneumonia. advair may increase your risk of osteoporosis

and some eye problems. tell your doctor if you have a heart condition or high blood pressure before taking advair. if you're still having difficulty breathing, ask your doctor if including advair could help improve your lung function. get your first full prescription free and save on refills at advaircopd.com. >> factor tip of the day. you are paying for washington d.c. so what does that mean? in a moment. we have to get it in gear, kennedy. "killing lincoln," continues to dominate the best selling list. also, brand new map for you, look at that! it's flying out of here because it is ultranifty. if you spend more than $20 on billoreilly.com you get this great bum we're sticker free.

it says "self reliant americans on board." i designed it. you should have it. money i get from the website goes toucherty. now the mail. from st. louis. >> from michigan. >> jeremy from littleton, colorado. >> from houston. >> from pennsylvania.

>> jeffrey from cliffton, new jersey. >> hey, jeff, fox sports employs him on the net, not fox news. nothing to do with us. mike from california. >> you are kidding me, right, mike? you are kidding me. the christmas tree originated in germany thousands of years after jeremiah. as they say on espn, come on, man! >> and thomas, pennsylvania.

>> don't take it seriously, tom, i don't believe we are dealing with a ph.d. here. and by the way, miller has some thoughts about psi and his criticism of civiles of american military tomorrow. can't wait for that. and finally the tip of the day. i'm paying for washington d.c. and so are you. we are all paying for this city. our tax money makes it go. so we should take advantage of that. you should bring your kids here. even if they don't want to go, you make them go. washingston a great place to go, great buildings, history everywhere. i love the willard hotel where abraham lincoln stayed before he entered the white house. and georgetown. visit washington. factor tip of the day. and it's really nice at christmastime. and that is it for us tonight. please check out the fox news